AUSTRALIAN
CAPITAL TERRITORY
BROOMBALL
ASSOCIATION (ACTBA) INC.
RULES OF THE
ASSOCIATION
10
January 1995
Version
3
TABLE OF CONTENTS
Page
Section 1. Name 6
PART I -
PRELIMINARY
Section 2. Interpretation 6
3 Purpose of the Association 8
4. Objectives of the Association 8
5 Non-profit, Non-political,
Non-denominational & Non-discriminatory
Organisation 8
6 Powers of the Association 9
PART II -
MEMBERSHIP
Section 7. Classes
of Members 10
8. Membership Qualifications 11
9. Application for Membership 11
10. Membership Entitlements Not Transferable 11
11. Cessation of Membership 12
12. Resignation of Membership 12
13. Fees, Subscriptions, etc 12
14. Honorary Life Members 12
15. Liabilities of Officers and Members 12
16. Disciplining of Members 13
.17. Rights of
Appeal of Persons Rejected for Membership of the Association 14
18. Rights of Appeal of Disciplined Members 14
PART III - THE
COMMITTEE
Section 19. Powers of the Committee 15
20. Constitution of and Membership of the
Committee 15
21. Election of Committee Members 16
22 Powers of the Committee to Co-opt Members
to the Committee 17
23. Eligibility to Stand and Vote for
Positions on the Committee 17
24. Secretary 17
25. Treasurer 18
26. Public Officer 18
27. Vacancies on the Committee 19
28. Removal of Committee Members 19
29. Committee Meetings and Quorum 19
30. Delegation by Committee to a Sub-Committee 20
31. Voting and Decisions of the Committee 21
32. Disclosure of Committee Member’s Interests
in Contracts, etc 21
PART IV -
GENERAL MEETINGS
Section 33. Annual General Meetings - Holding of 21
34. Annual General Meetings - Calling of and
Business at 22
35. General Meetings - Calling of 22
36. Notice of Meetings 23
37. General Meetings - Procedure and Quorum 23
38. Presiding Member 24
39. Adjournment 24
40. Making of Decisions 24
41. Eligibility to Vote at General Meetings 24
CONTENTS (CONT)
PART IV -
GENERAL MEETINGS (CONT)
Page
Section 42. Voting 25
43. Appointment of Proxies 25
PART V -
MISCONDUCT, ETC DURING BROOMBALL COMPETITIONS
ORGANISED BY THE ASSOCIATION
Section 44. Misconduct, etc During Broomball
Competitions 25
45. Association’s Disciplinary Board for
Misconduct, etc During Broomball
Competitions 25
46. Disciplinary Procedures for Misconduct,
etc During Broomball Competitions 26
47. Appeals Against the Decisions of the
Association’s Disciplinary Board 26
48. Appeals Committee to Hear Appeals Against
Disciplinary Board’s Decisions 27
49. Disciplinary Hearings by Disciplinary
Board, Appeals Committee, etc 27
PART VI -
MISCELLANEOUS
Section 50. Jurisdiction of the Australian Broomball
Federation 27
51. Income and Property 28
52. Funds Management 28
53. Accounting Records 29
54. Banking and Finance 29
55. Alteration of Purpose, Objectives and
Rules 29
56. Common Seal 30
57. Custody of Books 30
58. Inspection of Books 30
59. Auditor 30
60. Audit of the Accounts 31
61. Service of Notices 32
62. Dissolution or Winding Up of Society 32
63. Surplus Property 32
APPENDICES
Appendix 1 - Application for Membership
Form 33
Appendix 2 - Form of Appointment of Proxy 34
Appendix 3 - Sections of Act Relevant to the
Association’s Rules 35
Section
31 of the Act - Rules 35
I. Public
Officer (Sub-Rule 2.1(i) and Rule 26 of the Association’s Rules)
Section 57 of the Act -
Public Officer 35
Section 59 of the Act -
Notice of Public Officers
Appointment or Change of Address 35
Section 64 of the Act -
Vacancy in Office of Public Officer 36
CONTENTS (CONT)
Page
Appendix 3 - Sections of Act Relevant
to the Association’s Rules (Cont)
II.
Special Resolution (Sub-Rules 2.1(m), 36.2 and 36.2 of the Association's Rules)
Section 70 of the Act -
Special Resolutions 36
III. Membership Qualifications (Sub-Rule
8.2(b)
Section
21 of the Act - Constitution of Incorporated Associations 36
IV.
Liabilities of Officers and
Members'(Sub-Rule 15.1 of the Association's Rules)
Section 51 of the Act -
Liability of Officers and Members 37
Section 108 of the Act -
Offences by Officers of Associations, etc 37
Section 109 of the Act -
Offence : Trade or Pecuniary Gain 37
Section 110 of the Act -
Liability of Members 38
V.
Vacation of Committee Membership and Disciplining of Members (Sub-Rules
16.4(e), 18.3, 26.4,27.1(d) and Rule 28 of the Association's
Rules)
Section 50 of the Act -
Rules of Natural Justice 38
VI.
Vacancies on Committee (Sub-Rules 26.4(h) and 27.1(g) of the
Association's Rules)
Section
63 of the Act - Disqualification from Office 38
VII.
Disclosure of Committee Member's Interests in Contracts, etc (Rule 32 of
the Association’s Rules)
Section 65 of the Act -
Disclosure of Committee Member's Interests 38
VIII. Holding of Annual General Meetings
(Sub-Rule 33.3 of the Association’s Rules)
Section
120 of the Act - Extensions of Time for Applications, etc 39
IX. Calling of and Business at Annual General
Meetings (Sub-Rule 34.2(d) of the
Association’s Rules)
Section
73 of the Act - Presentation of Statement to Members 39
X. Income
and Property (Rules 51.1 of the Association's Rules)
Section 114 of the Act -
Investment with associations 40
XI.
Alteration of Purposes, Objectives and Rules (Sub-Rule 55.1 of the
Association’s Rules)
Section 29 of the Act -
Objects 41
Section 30 of the Act -
Alteration of Objects 41
Section 33 of the Act -
Alteration of Rules 41
XII.
Dissolution of the Association (Sub-Rule 62.1 of the Association's Rules)
Section 88 of the Act -
Voluntary Winding Up 42
XIII.
Surplus Property (Sub-Rule 63.1 of the Association's Rules)
Section 92 of the Act -
Property of Defunct Association 42
ACT BROOMBALL ASSOCIATION
(ACTBA) INC.
RULES OF THE
ASSOCIATION
1. NAME
1.1 The name of
the Association shall be the "Australian Capital Territory Broomball
Association (ACTBA) Inc".
PART
I - PRELIMINARY
2. INTERPRETATION
2.1 In these Rules unless the contrary
intention appears:
(a) “Association”
means the Australian Capital Territory Broomball Association (ACTBA) Inc.
(b) "Books" includes any
register or other record of information and any accounts or accounting records,
however compiled, recorded or stored and any other document;
(c) "Committee" means the Committee as defined in
Rule 20.1;
(d) "Financial
Year" means the year
ending on 30 June;
(e) "Member" means a member of
the Association as defined in Section 7 of these Rules;
(f) “Member Organisation" means an
organisation having objectives which are compatible with the objectives of the
Association and which the Association deems to be a member organisation;
(g) "Officer",
in relation to the Association, means:
(i) a member of the Committee of the
Association;
(ii) the Public Officer, Secretary, or
Treasurer of the Association, the holder of any other office of the Association
(however described) or a person occupying any of the above-mentioned offices,
whether validly appointed or not; or
(iii) any other person who is concerned in or
takes part in the management of the Association's affairs;
but
does not include a patron or the
holder of another honorary office of the Association if the office does not confer
on its incumbent the right to participate in the management of the
Association's affairs;
(h) "Ordinary
Committee Member" means a member of the Committee who is not the
holder of any of the offices nominated in Rules 20.1(a) to 20.21(f) inclusive, of
these Rules;
(i) "Public Officer", in
relation to the Association means the person, being a resident of the
Australian Capital Territory, appointed to be the Public Officer of the
Association in accordance with Section 57 of the Act;
(j) "Register of Members"
means a list of the financial members of the Association;
(k) "Resolution" means a motion passed as a result of a
vote which is carried by a majority in number of persons eligible to vote
present personally or by proxy and voting on the motion;
(l) "Secretary" means the
person elected to that position or, where no such person holds that position,
the Public Officer of the Association;
(m) "Special Resolution" (See
Section 70 of the Act) means a resolution which:
(i) is passed at a General Meeting of the
Association, being a meeting of which at least twenty-one (21) days' notice, accompanied by notice of the
intention to propose the resolution as a special resolution, has been given to
members of the Association; and
(ii) is passed by at least three-quarters of the vote of those
members of the Association who,
being entitled to vote, vote in person or, vote by proxy at the meeting.
The Associations
Incorporation Act requires a Special Resolution to decide each of the following
matters:
(i) the
adoption of terms and rules of any proposed amalgamation of the Association
with another body;
(ii) the
amendment of the Purposes, Objectives and Rules of the Association;
(iii) changing the name of the Association;
(iv) approving the transfer of the Association
from an incorporated body to a “company limited by guarantee”;
(v) approving amended Rules of the
Association where the ACT Registrar has issued notice of intent to cancel
incorporation of the Association; and
(vi) approving the voluntary winding up of the
Association and the subsequent disposal of the Association's assets;
(n) “Territory”
means the Australian Capital Territory;
(o) "The
Act" means the Associations Incorporation Act 1991 as amended;
(p) "The Regulations" means
the Associations Incorporation Regulations;
(q) “These Rules” means the Rules of the
Association.
(r) All words importing the singular or
plural number shall include the plural and the singular number respectively;
(s) All words importing the masculine or
feminine gender shall include the feminine and masculine gender respectively.
2.2 These Rules should be read in conjunction
with the Act.
2.3 In these Rules, reference to writing
shall, unless the contrary intention appears, be construed as including
reference to printing, lithography, photography and other modes of representing
or reproducing words in visible form
2.4 In these Rules:
(a) A reference to a function includes a
reference to a power, authority and duty; and
(b) A reference to the exercise of a function
includes, where the function is a power, authority or duty, a reference to the
exercise of the power or authority or the performance of the duty.
2.5 The
provisions of the "Interpretation Act 1967" apply to and in respect of
these Rules in the same manner as those provisions would so apply if these
Rules were an instrument made under the Act.
3. PURPOSE OF THE ASSOCIATION
3.1 The purpose of the Association is to
administer, control, develop and promote the sport of Broomball in the
Australian Capital Territory.
4. Objectives OF THE ASSOCIATION
4.1 The objectives of the Association are:
(a) to establish a framework for local
Broomball competitions and regulate the participation of those taking part in
these competitions;
(b) to establish a network of suitably
qualified officials and administrators and develop their expertise by providing
opportunities for training, experience and recognition.;
(c) to encourage participation from players
at all levels (junior, male, female, veteran and social) and promote
opportunities for advancement of player development;
(d) to liaise with other interstate,
national and overseas Broomball bodies to keep up to date with developments in
the sport elsewhere and participate in the direction of the sport within
Australia and at international level for the benefit of members;
(e) to maintain a body of information
resources and seek literature, administration and training aids from other
Broomball bodies and promote their availability to members; and
(f) to promote the sport of Broomball
amongst the general public and other sporting groups to gain its wider
acceptance, recognition and support.
5.
NON-PROFIT, NON-POLITICAL, NON-DENOMINATIONAL AND NON-DISCRIMINATORY
ORGANISATION
5.1 The
Association shall be a non-profit organisation whose income and property shall
be applied solely towards the promotion of its objectives.
5.2 No portion
of the Association's income and property shall be paid or transferred directly
or indirectly, by way of dividend, bonus or otherwise howsoever by way of any
profit to its members or relatives of members of the Association.
5.3 Nothing
herein shall prevent the reimbursement of legitimate expenditure properly
incurred by a member of the Association on behalf of the Association and the
payment in good faith of remuneration, including honoraria, to any officer or
employee of the Association or to any member of the Association in return for
any services actually rendered to the Association or reasonable and proper
rental for premises let by any member to the Association.
5.4 The
Association shall be a non-political, non-denominational and non-discriminatory
organisation.
6. POWERS OF THE ASSOCIATION
6.1 The Association, may exercise its powers
under the Act and, subject to these Rules, the Association also has power:
(a) to reserve the right of admission or
omission to individuals and/or teams in competitions organised by the
Association;
(b) to be solely responsible for the
selection of personnel to represent the ACT in Broomball and for the control of
the selection processes of ACT representative teams in any interstate
tournament or championship;
(c) to print, publish and distribute such
newsletters, periodicals, books, leaflets or other documents or articles as the
Committee or resolution of a General Meeting may think desirable for the
promotion of the objectives and purposes of the Association and to make
resources available for the use of its members;
(d) to take such steps as the Committee or
General Meetings may from time to time deem expedient for the purposes of
raising funds or procuring contributions to the funds of the Association,
whether by way of donations, subscriptions or otherwise;
(e) to accept any gift or grant, whether
subject to a special trust or not, for any one or more of the objectives or
purposes of the Association;
.
(f) to borrow or raise money in such a manner as approved by the
Committee or by resolution passed at a General Meeting, and to secure the
payment of money so raised or borrowed or the payment of any other debt or
liability of the Association by giving mortgages, charges or securities upon
all or any property of the Association;
(g) subject to the provisions of the Trustee
Act 1957, as amended, to invest any moneys of the Association not immediately
required for any of its objectives or purposes in such a manner as the
Committee may from time to time determine;
(h) to buy, sell, supply and deal in all
kinds of non-prohibited goods, equipment or provisions required by the
Association, its members or non-members who are participating in the activities
of the Association and who have been authorised to buy, sell and deal by the
Committee;
(i) to acquire and/or dispose of, by any legal means, any
property that may be deemed necessary or convenient to achieve any of the
objectives or purposes of the Association;
(i) to construct, improve, maintain,
develop, manage and/or alter any buildings or other property that is deemed
necessary or convenient to achieve any of the objectives or purposes of the
Association;
(j) to affiliate and liaise with any
organisation that will further the objectives and purposes of the Association
and the interests of the sport of Broomball generally;
(k) to establish and support, or aid in the
establishment or support of any other body which has objectives which are
consistent with the objectives and purposes of the Association;
(l) to delegate such members as the Committee or General Meetings may
decide from time to time, to discuss matters of interest to the Association at
meetings of interstate, national or international Broomball organisations, or
sub committees thereof. Such persons
shall report the results of these meetings to the Committee or General Meetings
of the Association;
(m) to enter into any arrangements with any
government or authority that are incidental or conducive to the attainment of
the objectives and purposes of the Association and to obtain from any such
government or authority any rights, privileges and concessions which the
Association may think desirable to obtain; and to carry out, exercise and
comply with any arrangements, rights, privileges and concessions determined by
the government or authority;
(n) to appoint, employ, remove or suspend
such persons as may be necessary or conducive to achieve the objectives and
purposes of the Association;
(o) to remunerate, as may be approved by the
Committee or General Meeting of the Association, any person or body corporate
for services rendered, or to be rendered, in the legitimate furtherance of the
objectives and purposes of the Association;
(p) to do all such lawful things, not
inconsistent with the provisions of these Rules, as are incidental or conducive
to the attainment of the objectives or purposes of the Association.
PART
II - MEMBERSHIP
7. CLASSES OF MEMBERS
7.1 The
Association shall consist of the following classes of members:
(a) Ordinary
Members: being
persons who have paid the prescribed Membership Fee;
(b) Honorary
Life Members: being
persons who may be elected at an Annual General Meeting, in recognition of
outstanding services rendered to the Association. Such persons shall enjoy all the privileges of full membership.
(c) Temporary Members: being persons who may
wish to participate in tournaments and non-seasonal competitions organised by
the Association and who pay the required Entry Fee. Such persons shall have no voting rights or be eligible to stand
for the Committee.
7.2 The
Committee may, from time to time, determine additional grades of membership as
it may see fit, to suit the affairs of the Association.
8. MEMBERSHIP QUALIFICATIONS
8.1 Any person
interested in the purposes and objectives of the Association may apply for
membership of the Association.
8.2 A person is qualified to be a member if:
(a) the
person is a registered financial member of the Association;
(b) pursuant to Sections 21(2)(a) and
21(2)(b) of the Act, the person was a member of the Association at the time of incorporation
of the Association and has not ceased to be a member of the Association at any
time since then; or
(c) the person -
(i) has
been nominated for membership in accordance with Section 9.1 of these Rules; and
(ii) has been approved for membership of the
Association by the Committee of the Association.
9. APPLICATION FOR MEMBERSHIP
9.1 An application by a person for membership
of the Association:
(a) shall be made in writing on the form
prescribed from time to time by the Committee; and
(b) shall be lodged with the Secretary; and
(c) shall
be accompanied by the prescribed Membership Fee.
9.2 As soon as
practicable after receiving an application for membership, the Secretary shall
refer the application to the Committee which shall determine whether to approve
or reject the application. Such
decisions must be made within twenty-one (21) days of receipt of an application.
9.3 Where the
Committee rejects an application for membership, the Secretary shall, within
twenty-one (21) days of the decision, notify the nominee of that rejection
including reasons for rejection. Such
Membership Fees as may have been paid by the nominee shall be refunded in full.
9.4 The
Secretary or other member of the Committee (as determined by the Committee)
shall, on the approval of an application for membership of the Association by
the Committee, enter the nominee's name in the Register of Members and, upon the name being so entered, the
nominee shall become a member of the Association. The successful applicant shall be advised in writing of his/her
acceptance as a member of the Association within twenty-one (21) days of the
decision.
10. MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE
10.1 A right,
privilege or obligation which a person has by being a member of the Association:
(a) is not capable of being transferred or
transmitted to another person; and
(b) terminates
upon cessation of the person's membership.
11. CESSATION OF MEMBERSHIP
11.1 A person ceases to be a member of the
Association if the person:
(a) dies;
(b) resigns,
in writing, from membership of the Association;
(c) is,
subject to the rules of natural justice, expelled from the Association;
(d) fails
to renew membership of the Association, as provided for in these Rules, by the
date determined and advertised by the
Committee.
12. RESIGNATION OF MEMBERSHIP
12.1 A member is
not entitled to resign from membership of the Association except in accordance
with this Section of the Rules.
12.2 A member who
has paid all amounts payable by the member to the Association may resign from
membership of the Association by first giving notice (being not less than 1
month) in writing to the Secretary of the member's intention to resign and,
upon expiration of the period of notice, the member ceases to be a member.
12.3 Where a
person ceases to be a member, the Secretary or other nominated member of the
Committee (in accordance with Section 9.4 of these Rules) shall make an
appropriate entry in the Register of Members recording the date on which the
member ceased to be a member.
12.4 Refund of
Membership Fees may only be offered at the discretion of the Committee, if
written notice is received within twenty-one (21) days of resignation of
membership.
13. FEES,
SUBSCRIPTIONS, ETC
13.1 The Annual Membership Fee shall be the only
fee payable to determine membership eligibility to the Association.
13.2 The Annual
Membership Fee of the Association shall be determined by the Committee before
the commencement of each financial year.
13.3 The Annual Membership Fee shall fall due on the 1st of July each
year.
14.
HONORARY LIFE MEMBERS
14.1 The Association, on recommendation from the
Committee, may elect persons associated with the Association to Honorary Life
Membership of the Association at an Annual General Meeting in recognition of
outstanding services rendered to the Association. Such persons shall enjoy all the privileges of full membership.
14.2 Recommendations proposing persons for life
membership may also be submitted by members of the Association in writing, duly
proposed and seconded, to the Secretary of the Association for the
consideration of the Committee.
15.
LIABILITIES OF OFFICERS AND MEMBERS
15.1 Subject to
Sections 51, 108, 109 and 110 of the Act, the liability of an officer or a
member of the Association to contribute towards the payment of debts and
liabilities of the Association or the costs, charges and expenses of the
winding up of the Association is limited to the amount, if any unpaid by the
officer or member in respect of membership of the Association as required by
Rule 13 of these Rules.
15.2 The Association, individual members of the
Association or persons acting on behalf of the Association shall not be
responsible for the safety or well-being of any member or person participating
in activities organised by the Association.
Every member or person participating in the activities of the
Association shall do so at his or her own risk.
15.3 Section 15.2 of these Rules shall not
preclude the Association from taking out any insurance policies deemed
necessary to protect itself, the Committee, individual members or persons
acting on behalf of the Association against liability for personal injury to
any member or person participating in activities organised by the Association
16. DISCIPLINING OF MEMBERS
16.1 Where the Committee is of the opinion that
a member:
(a) has persistently refused or neglected to
comply with a provision of these Rules;
(b) has persistently and wilfully acted in a
manner prejudicial to the interests of the Association;
(c) has not paid appropriate fees or fines
as determined by the Committee, or served penalties as prescribed by the
Association,
the
Committee may, by resolution -
(d) expel the member from the Association; or
(e) suspend the member from such rights and
privileges of membership of the Association as the Committee may determine for
a specified period.
16.2 A resolution
under Section 16.1 of these Rules is of no effect unless the Committee, at a
meeting held not earlier than fourteen (14) days and not later than
twenty-eight (28) days after service on the member of a notice under Section
16.3, confirms the resolution in accordance with this Rule.
16.3 Where the
Committee passes a resolution under Section 16.1 of these Rules , the Secretary
shall as soon as practicable, cause a notice in writing to be served on the
member -
(a) setting out the resolution of the
Committee and the grounds on which it is based;
(b) stating that the member may address the
Committee at a meeting to be held not earlier that fourteen (14) days and not
later than twenty-eight (28) days after service of the notice;
(c) stating the date, place and time of that
meeting; and
(d) informing the member that the member may
do either or both of the following:
(i) attend and speak at that meeting;
(ii) submit to the Committee at or prior to
the date of the meeting written representations relating to that resolution.
16.4 Subject to
the rules of natural justice (Section 50 of the Act), at a meeting of the
Committee referred to in Section 16.2 of these Rules, the Committee shall:
(a) give to the member mentioned in Section
16.1 of these Rules, an opportunity to make oral representations;
(b) give due consideration to any written
representations submitted to the Committee by that member at or prior to the
meeting; and
(c) by resolution determine whether to
confirm or to revoke the resolution of the Committee made under Section 16.1 of
these Rules.
16.5 Where the
Committee confirms the resolution under Section 16.4 of these Rules, the
Secretary shall, within seven (7) days after that confirmation, by notice in
writing inform the member of that confirmation and of the member's right of
appeal under Section 18 of these Rules.
16.6 A resolution
confirmed by the Committee under Section 16.4 of these Rules does not take
effect:
(a) until the expiration of the period
within which the member is entitled to appeal against the resolution where the
member does not exercise the right of appeal within that period; or
(b) where within that period the member
exercises the right of appeal, unless and until the Association confirms the
resolution in accordance with Section 18.4 of these Rules.
16.7 A person under suspension or who has been expelled from
membership of the Association shall not be permitted to play in games of
Broomball conducted under the jurisdiction of the Association nor shall the
person be permitted to represent the Association in any capacity unless
specific approval is granted by the Committee.
16.8 A member shall immediately forfeit any Membership Fees paid to
the Association upon cancellation of his or her membership.
16.9 The Committee may reinstate any member who been suspended or who
has been expelled from membership of the Association. Upon reinstatement, such members shall enjoy all the rights and
privileges of full membership.
17. RIGHT OF APPEAL OF PERSONS REJECTED FOR
MEMBERSHIP OF THE ASSOCIATION
17.1 Where a
person’s application for membership of the Association is rejected by the
Committee, that person may, within fourteen (14) days of receiving written
notification thereof, lodge with the Secretary of the Association his or her
intention to appeal against the decision of the Committee.
17.2 Upon receipt of a notification of intention
to appeal against rejection for membership by the Secretary, the Committee
shall convene, within thirty (30) days of the date of receipt of such notice, a
General Meeting to determine the appeal.
17.3 At a General Meeting to hear an appeal, the
appellant shall be given the opportunity to fully present his/her case and
subsequently the Committee or those members thereof who rejected the
application for membership shall likewise have the opportunity of presenting
their case.
17.4 An appeal against rejection for membership
shall be determined by secret ballot of the members present at such
meeting. Such a determination shall be
binding.
18. RIGHT OF APPEAL OF DISCIPLINED MEMBER
18.1 A member may
appeal to the Association against a resolution of the Committee which is
confirmed under Section 16.4 of these Rules, within fourteen (14) days after
notice of the resolution is served on the member, by lodging with the Secretary
a notice to that effect.
18.2 Upon receipt
of a notice under Section 18.1 of these Rules, the Secretary shall notify the
Committee which shall convene a General Meeting of the Association to be held
within twenty-one (21) days after the date on which the Secretary received the
notice or as soon as possible after that date.
18.3 Subject to
the rules of natural justice (Section 50 of the Act), at a General Meeting of
the Association convened under Section 18.2 of these Rules:
(a) no business other than the question of
the appeal shall be transacted;
(b) the Committee and the member shall be
given the opportunity to make representations in relation to the appeal orally
or in writing, or both; and
(c) the members present shall vote by secret
ballot on the question of whether the resolution made under Section 16.4 of
these Rules, is confirmed or revoked.
18.4 If the
meeting passes a resolution in favour of the confirmation of the resolution
made under Section 16.4 of these Rules, that resolution is confirmed.
PART III - THE COMMITTEE
19.
POWERS OF THE COMMITTEE
19.1 The
Committee, subject to the provisions of the Act, the Regulations, these Rules,
and to any resolution passed by the Association in General Meeting:
(a) shall control and manage the affairs of
the Association;
(b) may exercise all such functions as may
be exercised by the Association other than those functions that are required by
these Rules to be exercised by the Association in General Meeting; and
(c) shall have the power to perform all such
acts and do all such things as are legal and which appear to the Committee to
be necessary or desirable for the proper management of the affairs of the
Association.
(d) shall have the authority to interpret
the meaning of the rules contained in these Rules and any matter relating to
the Association on which these Rules are silent; and
(e) shall have the power to determine duties
of members of the Committee consistent with the nature of the office to which
they have been appointed. Any duties
additional to those contained in these Rules shall be as laid down in the
By-laws of the Association.
19.2 Only a member of the Association’s
Committee, so delegated by the Committee, may vote on behalf of the Association
at National meetings or on National matters.
19.3 The Committee may draw up By-laws not
inconsistent with these Rules and the Rulebook of the game of Broomball adopted
by the ACTBA, for the day to day management of the affairs of the
Association The Association in General
Meeting may veto any By-law adopted by the Committee.
20. CONSTITUTION OF AND MEMBERSHIP OF THE COMMITTEE
20.1 The affairs of the Association shall be
managed by a Committee comprising:
(a) President
(b) Vice-President
- Administration
(c) Vice-President
- Technical
(d) Treasurer
(e) Secretary
(f) Publicity
Officer, and
(g) Two (2) Ordinary Committee Members
each of
whom shall be elected or co-opted pursuant to Sections 21 and 23 of these Rules
or appointed in accordance with Section 22.2 of these Rules.
20.2 The members
of the Association may elect an additional three (3) Ordinary Committee members
at any General Meeting in furtherance of the purposes and objectives of the
Association.
20.3 Each member
of the Committee shall, subject to these Rules, hold office until all positions
on the Committee are declared vacant at the next Annual General Meeting, but
shall be eligible for re-election.
20.4 New members
of the Committee duly elected at the Annual General Meeting, in accordance with
the provisions of these Rules, shall take office immediately upon conclusion of
those elections at that meeting.
21. ELECTION OF
COMMITTEE MEMBERS
21.1 All Committee positions shall be filled by
election at each Annual General Meeting.
21.2 Nomination
of candidates for election as members of the Committee of the Association:
(a) shall be made in writing, signed by two
(2) members of the Association and accompanied by the written consent of the
candidate (who being a member of the Association shall endorse the nomination
form); and
(b) shall be delivered to the Secretary of
the Association at least fourteen (14) days
prior to the commencement of the Annual General Meeting at which the
election is to take place.
21.3 If
insufficient nominations are received to fill all vacancies on the Committee,
the candidates nominated shall be deemed to be elected and further nominations
shall be received at the Annual General Meeting.
21.4 If
insufficient further nominations are received, any vacant positions remaining
on the Committee shall be deemed to be vacancies.
21.5 If the
number of nominations received is equal to the number of vacancies to be
filled, the persons so nominated shall be taken to be elected.
21.6 If the
number of nominations received exceeds the number of vacancies to be filled, a
ballot shall be held.
21.7 The ballot
for election of Committee Members shall be completed at the Annual General
Meeting in such a manner as the Committee may direct.
21.8 A member is
not eligible to simultaneously hold more than one (1) position on the Committee
for periods in excess of thirty (30) days.
Prior to the expiry of such period, the vacant Committee position shall
be filled either by election or by co-option of a member as provided for under
Rule 22 of these Rules.
21.9 Where a
member temporarily holds two Committee positions simultaneously, he or she
shall only be entitled to one (1) vote at Committee and General Meetings.
21.10 For the
purpose of electing members of the Committee, the Annual General Meeting shall
appoint a member of the Association not standing for election, to conduct the elections.
22. POWER OF THE COMMITTEE TO CO-OPT
MEMBERS TO THE COMMITTEE
22.1 Should any vacancy on the Committee remain
by the end of the Annual General Meeting, the Committee has the power to co-opt any member to the vacant
positions, subject to the provisions of Rules 22.4, 22.5, and 22.6.
22.2 Where a casual vacancy occurs on the
Committee (eg where a Committee member applies for leave of absence or fails to
perform his allotted duties for a period of four (4) weeks without giving
notice to the Committee or being granted leave by the Committee), the Committee
may co-opt a replacement from the Association membership until such time as the
Committee member returns or the next General Meeting at which a replacement
shall be elected.
22.3 In addition to the provisions of Rule 22.1,
the Committee may, subject to the provisions of Rules 22.4 and 22.5, co-opt up
to two (2) additional members of the Association to the Committee. These additional co-opted members shall have
all the rights of members of the Committee in its deliberations.
22.4 A member to be co-opted to the Committee
shall be sponsored by two (2) members of the Committee and that member must
consent to the sponsorship.
22.5 A member proposed to be co-opted to the
Committee shall not take up a position on the Committee unless and until that
member is appointed to the Committee by
resolution at a Committee Meeting.
22.6 Such members as may be co-opted to the
Committee shall hold office only until all positions on the Committee are
declared vacant at the next Annual General Meeting.
23. ELIGIBILITY TO STAND AND VOTE FOR POSITIONS ON THE
COMMITTEE
23.1 A member
shall not be eligible to stand for or vote for a position on the Committee
unless that member is at least eighteen
(18) years of age and has been a financial member of the Association for at
least thirty (30) days prior to the election.
24. SECRETARY
24.1 The
Secretary of the Association shall, as soon as practicable after being
appointed as Secretary, notify the Association of his or her address.
24.2 The
Secretary shall keep minutes and details of:
(a) all elections and appointments of
Committee Members;
(b) the names of members of the Committee
present at a Committee Meeting and the names of members of the Association
present at a General Meeting; and
(c) all proceedings at Committee and General
Meetings.
24.3 Minutes of
proceedings at a meeting shall be signed by the member presiding at the meeting
or by a member presiding at the next succeeding meeting.
24.4 The
Secretary shall be responsible for receiving and attending to all
correspondence and shall keep a register of all such correspondence.
24.5 The
Secretary or other nominated member of the Committee (in accordance with
Section 9.4 of these Rules) shall be responsible for oversighting the
maintenance of the Register of Financial Members of the Association.
25. TREASURER
25.1 The
Treasurer of the Association shall:
(a) collect and receive all moneys due to
the Association and make payments authorised by the Association; and
(b) keep correct accounts and books showing
the financial affairs of the Association with full details of all receipts and
expenditure connected with the activities of the Association.
25.2 In addition
to preparing the Association's Annual Statement of Accounts as provided for at
the Annual General Meeting, the Treasurer shall, subject to the provisions of
Rule 53.3 of these Rules, prepare financial statements of the Association as
required.
26. PUBLIC
OFFICER
26.1 Unless the
Committee elects another Committee Member to the position of Public Officer,
the Secretary shall be the Public Officer having and exercising the duties of
Public Officer of the Association.
26.2 The Public
Officer shall be a resident of the Australian Capital Territory.
26.3 Subject to
these Rules and the provisions of the Act, the Public Officer may hold any
other office of the Association.
26.4 The office
of Public Officer becomes vacant if the member holding the that office:
(a) dies;
(b) ceases to be a member of the Association;
(c) ceases to be a resident of the
Australian Capital Territory;
(d) resigns from office by written notice
signed by him or her and addressed to the Secretary of the Association;
(e) is removed from office by the Committee or
pursuant to Section 28 of these Rules;
(f) becomes insolvent under administration
within the meaning of the Corporations Law:
(g) is unable to perform his or her duties
due to mental or physical incapacity;
(h) is
convicted (Sub-section 63(1) of the Act), whether inside or outside the
Australian Capital Territory of:
(i) an indictable offence in relation to
the promotion, formation or management of a body corporate;
(ii) an offence involving fraud or dishonesty.
27. VACANCIES
ON THE COMMITTEE
27.1 For the
purposes of these Rules, a vacancy in the office of a member of the Committee
occurs if the member:
(a) dies;
(b) ceases to be a member of the Association
(eg fails to pay all arrears of subscriptions due by him within fourteen (14)
days after he or she has received notice in writing from the Treasurer);
(c) resigns from office by written notice
signed by him or her and addressed to the Secretary of the Association;
(d) is removed from office pursuant to
Section 28 of these Rules;
(e) becomes insolvent under administration
within the meaning of the Corporations Law:
(f) is unable to perform his or her duties
due to mental or physical incapacity;
(g) is
convicted (Sub-section 63(1) of the Act), whether inside or outside the
Australian Capital Territory of:
(i) an indictable offence in relation to
the promotion, formation or management of a body corporate;
(ii) an offence involving fraud or dishonesty.
27.2 The position of any member of the Committee may, at the
discretion of the Committee, be declared vacant if that member is absent
without the consent of the Committee Members for three (3) consecutive meetings
of the Committee.
28. REMOVAL OF
COMMITTEE MEMBERS
28.1 The
Association in General Meeting may by resolution, subject to the rules of
natural justice (Section 50 of the Act), remove any member of the Committee
(including the Public Officer) from the office of Member of the Committee
before the expiration of the member's term of office.
29. COMMITTEE
MEETINGS AND QUORUM
29.1 The
Committee shall meet at such places and at such times as the as the Committee
may determine but it shall meet at least once every two (2) months during the
official Broomball playing season.
29.2 Special
meetings of the Committee may be convened by the President or at the request of
any three (3) members of the Committee.
29.3 Oral or
written notice of a meeting of the Committee shall be given by the Secretary to
each member of the Committee at least 48 hours (or such other period as may be
unanimously agreed upon by the Members of the Committee) before the time
appointed for holding of the meeting.
29.4 Notice of a
meeting given under Section 29.3 of these Rules shall specify the general
nature of the business to be transacted at the meeting and no business other
than that business shall be transacted at the meeting, unless the Committee
Members present at the meeting otherwise unanimously agree.
29.5 Any four (4)
members of the Committee shall constitute a quorum for the transaction of the business of a meeting of the
Committee.
29.6 No business
shall be transacted by the Committee unless
a quorum is present and if within half and hour after the time appointed for
the meeting a quorum is not present, the meeting stands adjourned to a time and
place to be agreed upon by at least four (4) members of the Committee.
29.7 If at the
adjourned meeting of the Committee, a quorum is not present within half an hour
after the time appointed for the meeting, the meeting shall be dissolved.
29.8 At meetings
of the Committee:
(a) the President or in the absence of the
President, one of the Vice-Presidents shall preside; or
(b) if the President and the Vice-Presidents
are absent, one (1) of the remaining members of the Committee may be chosen by
the members present to preside.
30. DELEGATION BY COMMITTEE TO A SUB-COMMITTEE
30.1 The
Committee may delegate to one (1) or more Sub-Committees (consisting of such
member or members of the Association as the Committee thinks fit) the exercise
of such of the functions of the Committee as are specified by the Committee,
other than:
(a) this power of delegation; and
(b) a function which is a function imposed
on the Committee by the Act, by any other law of the Territory, or by
resolution of the Association in General Meeting.
30.2 Sub-Committees shall report to the Committee at such times and
in such manner as the Committee directs.
30.3 The President of the Association shall be an ex-officio member
of all Sub-Committees.
30.4 A function,
the exercise of which has been delegated to a Sub-Committee under this Section
of these Rules may, while the delegation remains unrevoked, be exercised from
time to time by the Sub-Committee in accordance with the terms of the
delegation.
30.5 A delegation
under this Section of these Rules may be made subject to such conditions or
limitations as to the exercise of any function, or as to time or circumstances,
as may be specified by the Committee and by the provisions of these Rules.
30.6 Notwithstanding
any delegation under this Section of these Rules, the Committee may continue to
exercise any function delegated.
30.7 Any act or
thing done or suffered by a Sub-Committee acting in the exercise of a
delegation under this Section of these Rules has the same force and effect as
it would have if it had been done or suffered by the Committee.
30.8 The
Committee may revoke wholly or in part any delegation under this Section of
these Rules.
30.9 A
Sub-Committee may meet and adjourn as it thinks proper.
30.10 The Committee
may co-opt as members of a Sub-Committee such persons as it thinks suitable,
whether or not those persons are members of the Association.
30.11 One half of
the members of a Sub-Committee appointed by the Committee shall constitute a quorum for the transaction of business
of a Sub-Committee.
31. VOTING AND DECISIONS OF THE COMMITTEE AND
SUB-COMMITTEES OF THE
ASSOCIATION
31.1 Questions
arising at meetings of the Committee or of any Sub-Committee appointed by the
Committee shall be determined by a simple majority of the votes by show of hands
of members of the Committee or Sub-Committee present at those meetings.
31.2 Each member
present at a meeting of the Committee or of any Sub-Committee appointed by the
Committee (including the person presiding at the meeting) is entitled to one
(1) vote, but, in the event of an equality of votes on any question, the person
presiding may exercise a second or casting vote.
31.3 Subject to
Sections 29.5 and 30.11 of these Rules, the Committee and Sub-Committees of the
Association respectively, may act notwithstanding any vacancy on the Committee
or Sub-Committees.
31.4 Any act or
thing or suffered, or purporting to have been done or suffered, by the
Committee or by a Sub-Committee appointed by the Committee, is valid and
effectual notwithstanding any defect that may afterwards be discovered in the
appointment or qualification of any member of the Committee or Sub-Committee.
32.
DISCLOSURE OF COMMITTEE MEMBER'S INTERESTS
IN CONTRACTS, ETC
32.1 Pursuant to Section 65(1) of the Act, a
member of the Committee who has a direct or indirect pecuniary interest in any
contract or arrangement that is current or proposed to be made with the
Association shall disclose the nature and extent of his or her interest to the
Committee and to the next General Meeting of the Association.
32.2 If the interest already exists, it should
be declared at the first Committee meeting at which the contract or arrangement
is considered.
32.3 No member of the Committee shall vote as a
member of the Committee in respect of any contract or arrangement in which he
or she has an interest and if this member does so vote, that vote shall not be
counted.
32.4 A resolution by Committee members present
may ask for the absence of the member with a declared interest while the
contract or arrangement is under discussion.
PART IV - GENERAL MEETINGS
33. ANNUAL GENERAL MEETINGS - HOLDING OF
33.1 With the
exception of the first Annual General Meeting of the Association, the
Association shall, at least once in each calendar year and within the period of
three (3) months after the expiration of each financial year of the
Association, convene an Annual General Meeting of its members.
33.2 The
Association shall hold its first Annual General Meeting:
(a) within the period of 18 months after its
incorporation under the Act; and
(b) within the period of three (3) months
after the expiration of the first financial year of the Association.
33.3 Sections
33.1 and 33.2 of these Rules have effect subject to the powers of the Registrar
of Incorporated Associations under Section 120 of the Act in relation to the
extensions of time.
34. ANNUAL GENERAL MEETINGS - CALLING OF AND BUSINESS AT
34.1 The Annual
General Meeting of the Association shall, subject to the Act, be convened on
such date and at such place and time as the Committee thinks fit.
34.2 In addition
to any other business which may be transacted at an Annual General Meeting, the
business of an Annual General meeting shall be:
(a) to confirm the minutes of the last preceding
Annual General Meeting and of any General Meeting held since that meeting;
(b) to receive from the Committee,
office-bearers and the Auditor reports on the of the Association’s activities
during the last preceding financial year;
(c) to elect members of the Committee;
(d) to receive and consider the statement of
accounts and the reports that are required to be submitted to members pursuant
to Sub-section 73(1) of the Act;
(e) to appoint an Auditor for the ensuing
year;
(f) to elect Honorary Life Members if so
determine by the Committee as provided for under Section 7.1(b) of these Rules.
(g) to transact other business of which due
notice has been given in accordance with the provisions of these Rules.
34.3 An Annual
General Meeting shall be specified as such in the notice convening it in
accordance with Section 36 of these Rules.
34.4 An Annual
General Meeting shall be conducted in accordance with the provisions of this
Part (ie Part IV) of the Association's Rules.
35. GENERAL
MEETINGS - CALLING OF
35.1 The
Committee may, whenever it thinks fit, convene a General Meeting of the
Association.
35.2 The
Committee shall, on the requisition in writing of not less than eight (8)
members of the Association, convene a General Meeting of the Association.
35.3 A
requisition of members for a General Meeting:
(a) shall state the purpose or purposes of
the meeting;
(b) shall be signed by the members making
the requisition;
(c) shall be lodged with the Secretary; and
(d) may consist of several documents in a
similar form, each signed by one (1) or more of the members making the
requisition.
35.4 If the
Committee fails to convene a General Meeting within one (1) months after the
date on which a requisition of members for the meeting is lodged with the
Secretary, any one (1) or more of the members who made the requisition may
convene a meeting to be held not more than three (3) months after that date,
35.5 A General
Meeting convened by a member or members referred to in Section 35.4 of these
Rules shall be convened as nearly as practicable in the same manner as General
Meetings are convened by the Committee and any member who thereby incurs
expense in convening the meeting is entitled to be reimbursed by the
Association for any reasonable expense so incurred.
35.6 At a Special General Meeting of the
Association, business shall be confined to the matters for which the meeting
has been called.
36.
NOTICE OF MEETINGS
36.1 The Committee of the Association shall, at least
fourteen (14) days before the date fixed for holding a General Meeting of the
Association, have:
(a) a notice (including any of the
Association’s circulars or newsletters) delivered or sent by pre-paid post to the members of the Association at the
addresses shown in the Register of Members; or
(b) an advertisement inserted in at least
one newspaper circulating in the Australian Capital Territory;
or
(c) a notice displayed on notice Boards used
by the Association,
specifying
the place, date and time of the meeting and the nature of the business proposed
to be transacted at the meeting.
36.2 Subject to
the provisions relating to special
resolutions, any member of the Association wishing to bring any business
before a General Meeting must provide the Secretary with written advice of his
or her proposal at least twenty-one (21) days before the meeting unless
otherwise specified in these Rules. The
Secretary shall include that item of business from the member in the notice to
members.
36.3 Where the
nature of the business proposed to be dealt with at a General Meeting requires
a special resolution of the
Association, the Secretary shall, at least twenty-one (21) days before the date
fixed for the holding of the General Meeting, cause notice to be sent to each
member in the manner provided in Section 36.1 of these Rules specifying, in
addition to the matter required under that Section, the intention to propose
the resolution as a special resolution.
36.4 No business
other than that specified in the notice convening a General Meeting shall be
transacted at the meeting except, in the case of an Annual General Meeting,
business which may be transacted pursuant to Section 34.2 of these Rules.
37. GENERAL MEETINGS - PROCEDURE AND QUORUM
37.1 No item of
business shall be transacted at a General Meeting unless a quorum of members entitled under these Rules to vote is present
during the time the meeting is considering that item.
37.2 A majority
of current Committee members and three (3) other ACTBA members, all
present in person and being members entitled to vote at a General Meeting as
provided for under Section 41 of these Rules, shall constitute a quorum for the transaction of the
business of a General Meeting.
37.3 If within
half an hour after the appointed time for the commencement of a General Meeting
a quorum is not present, the meeting if convened upon the requisition of the
members shall be dissolved and in any
other case shall stand adjourned to such day (being not less than fourteen
(14) days later than the day appointed for the meeting), such time and place as
are determined by the Committee.
37.4 If at the
adjourned meeting a quorum is not present within half an hour after the time
appointed for the commencement of the meeting, the members (being not less than 5) shall constitute a quorum.
38. PRESIDING
MEMBER
38.1 The
President, or in the absence of the President, one of the Vice-Presidents,
shall preside at each General Meeting of the Association.
38.2 If the
President and both of the Vice-Presidents are absent from the General Meeting,
the members present shall elect one (1) of their number to preside at the
meeting.
38.3 The
Chairperson shall maintain order and conduct the meeting in a proper and
orderly manner.
39. ADJOURNMENT
39.1 The person
presiding at a General Meeting at which a quorum is present may, with the
consent of the majority of members present at the meeting, adjourn the meeting
from time to time and place to place, but no business shall be transacted at an
adjourned meeting other than the business left unfinished at the meeting at
which the adjournment took place.
39.2 Where a
General Meeting is adjourned for fourteen (14) days or more, the Secretary
shall give written or oral notice of the adjourned meeting to each member of the
Association stating the place, date and time of the meeting and the nature of
the business to be transacted at the meeting.
39.3 Except as
provided in Sections 39.1 and 39.2 of these Rules, notice of an adjournment of
a General Meeting or of the business to be transacted at an adjourned meeting
is not required to be given.
40. MAKING OF
DECISIONS
40.1 With the
exception of questions requiring a special
resolution, a question arising at a
General Meeting of the Association shall be determined by a simple majority on
a show of hands and unless a poll is demanded, a declaration by the member
presiding that a resolution has, on a show of hands, been carried or carried
unanimously or carried by a particular majority or lost, or an entry to that
effect in the minute book of the Association, is evidence of the fact without
proof of the number or proportion of the votes recorded in favour or against
that resolution.
40.2 At a General
Meeting of the Association, a poll may be demanded by the member presiding or
by not less than three (3) members present in person or by proxy at the meeting.
40.3 Where the
poll is demanded at a General Meeting, the poll shall be taken:
(a) immediately in the case of a poll which
relates to the election of the member to preside at the meeting or to the
question of an adjournment; or
(b) in any other case, in such a manner and
at such time before the close of the meeting as the member presiding directs,
and the resolution of the poll on the matter shall be deemed to be the
resolution of the meeting on that matter.
40.4 The result
of any poll shall be deemed to be a resolution of a meeting.
41. ELIGIBILITY TO VOTE AT GENERAL MEETINGS
41.1 A member is
not eligible to vote at a General Meeting of the Association unless that member
is at least eighteen (18) years of age and has been a member of the Association
for at least thirty (30) days.
41.2 Temporary
Members shall have no voting rights.
41.3 A member or
proxy is not entitled to vote at any General Meeting of the Association unless
all money due and payable by the member or proxy to the Association has been
paid, other than the amount of the Annual Membership Fee payable in respect of
the then current year.
42. VOTING
42.1 Subject to
Section 42.3 of these Rules, upon any question arising at a General Meeting of
the Association a member has one (1) vote only.
42.2 All votes
shall be given personally or by proxy but no member may hold more than five (5)
proxies.
42.3 In the case
of an equality of votes on a question at a General Meeting, the member
presiding is entitled to exercise a second or casting vote.
43. APPOINTMENT
OF PROXIES
43.1 A member may appoint another member to
attend and vote instead of the member at any meeting. Such appointment must be in writing and signed by the member. and
shall be given to the Secretary no later than twenty-four (24) hours before the
time of the meeting in which the proxy is appointed.
43.2 The
notice appointing the proxy shall be in the form set out in Appendix 2 to these
Rules.
PART V - MISCONDUCT, ETC DURING BROOMBALL
COMPETITIONS
ORGANISED BY THE ASSOCIATION
44.
MISCONDUCT, ETC DURING BROOMBALL COMPETITIONS
44.1 Any person (including Temporary Members and
non-members) participating in a Broomball competition organised by the
Association who is alleged to have contravened a section of the rules of
Broomball or who is alleged to be guilty of misconduct during a game of
Broomball, shall be liable to be dealt with by the Association’s Disciplinary
Board for Misconduct, etc.
44.2 No action shall be taken against a person
unless the allegation is received by the Committee in writing.
45.
ASSOCIATION’S DISCIPLINARY BOARD FOR MISCONDUCT, ETC DURING
BROOMBALL COMPETITIONS
45.1 The Vice-President - Technical and no more
than two (2) other members of the Committee together with no less than two (2)
and no more than three (3) members not
concerned with the allegation,
shall sit as the Association’s Disciplinary Board when an allegation of a
contravention of a section of the rules of Broomball or of misconduct during a
game of Broomball is received in writing by the Committee. The-Vice President -Technical shall preside
over any meetings of the Disciplinary Board.
45.2 The Disciplinary Board shall have the power
to reprimand, fine, suspend, bar from future competitions or expel (in the case
of a member), any person deemed guilty of having contravened a section of the
rules of Broomball or of misconduct during a game of Broomball.
45.3 Where a member:
(a) has
made an allegation that a person, has contravened a section of the rules of
Broomball, or
(b) is
accused of misconduct during a game of Broomball, or
(c) is
a witness to the case,
that member shall not sit on the
Disciplinary Board.
46.
DISCIPLINARY PROCEDURES FOR MISCONDUCT, ETC DURING BROOMBALL
COMPETITIONS
46.1 Upon receipt of an allegation against a
member or person, the Committee shall decide whether or not the member or person
has a case to answer.
46.2 Notice, not necessarily in writing, as to
whether or not the member or person has a case to answer, together with full
information of the allegation(s), shall be given to the member or person.
46.3 In the event that the member or person does
have a case to answer, the Vice-President - Technical shall inform that member
or person of the time and place at which he or she shall attend to answer the
allegations.
46.4 The member or person involved shall inform
the Vice-President - Technical whether or not he or she will attend the
Association’s Disciplinary Board meeting to answer the allegations.
47. APPEALS
AGAINST THE DECISIONS OF THE ASSOCIATION’S DISCIPLINARY BOARD
47.1 Any person found guilty by the Disciplinary
Board of having contravened a section of the rules of Broomball or of
misconduct during a game of Broomball shall have the right to appeal against
that decision.
47.2 The person disciplined shall lodge an
appeal in writing with the Secretary of the Association within fourteen (l4)
days of a letter conveying the decision of the Disciplinary Board having been
sent to that person.
47.3 The Committee shall refer the appeal to the
Appeals Committee of the Association.
47.4 The Appeals Committee of the Association
shall have the power to decide whether the grounds of appeal are sustained.
47.5 Where the Appeals Committee of the
Association decides that the grounds of appeal are not sustained the appeal
shall be lost.
47.6 Where the Appeals Committee of the
Association decides that the grounds of appeal are sustained, the decision of
the Disciplinary Board shall be nullified or cancelled and the Appeals
Committee shall refer the case against the member or person to the next General
Meeting of the Association.
47.7 Any person dealt with by the Appeals
Committee of the Association may refer the matter to a Special General Meeting
of the Association for resolution.
48.
ASSOCIATION’S APPEALS COMMITTEE TO HEAR APPEALS AGAINST THE
DISCIPLINARY BOARD’S DECISIONS
48.1 The Appeals Committee of the Association
shall comprise no less than three (3) and no more than five (5) persons
provided that any person so appointed is not a member of the Association.
49.
DISCIPLINARY HEARINGS BY DISCIPLINARY BOARD, APPEALS COMMITTEE, ETC
49.1 Hearings by the Disciplinary Board, the
Appeals Committee or Special General Meeting to hear an appeal as provided for
under Sub-Rule 47.7 shall be conducted:
(a) in
camera;
(b) without
legal representation; and
(c) where possible, the member or person
deemed to have contravened a section of the rules of Broomball or to be guilty
of misconduct during a game of Broomball, should be present at the Disciplinary
Board, Appeals Committee or Special General Meetings, unless that member or
person waives this right.
49.2 Four (4) working days notice shall be given
to the member or person by the Secretary of the Association of the time, date
and place of a hearing, together with copies of all documents relating to the
allegations.
49.3 Any properly convened disciplinary hearing
can require the production of documents and the appearance of any member or
person to give evidence.
49.4 The member or person subject to the hearing
shall be informed, in writing, of the decision of that hearing.
PART VI - MISCELLANEOUS
50.
JURISDICTION OF THE AUSTRALIAN BROOMBALL FEDERATION
50.1 The Committee or a properly constituted
General Meeting of the Association may refer any matter, including questions
relating to the contravention of a section of the rules of Broomball or to
misconduct during a game of Broomball, to the Australian Broomball Federation
to be dealt with in accordance with that body's Constitution or Rules.
50.2 Nothing in this Section shall prevent
proceedings relating to the contravention of a section of the rules of
Broomball or to misconduct during a game of Broomball from being effective.
50.3 The Association shall be bound by decisions
made by the Australian Broomball Federation.
51. INCOME AND PROPERTY
51.1 The funds of the Association shall be
derived from Annual Membership Fees of members, donations, grants, and charges
to such activities as the Association may organise and, subject to any
resolution passed by the Association in General Meeting and to Section 114 of
the Act, such other sources as the Committee may determine.
51.2 All money received by the Association shall
be deposited as soon as practicable without deduction to the Association's bank
account.
51.3 The Association shall, as soon as
practicable after receiving any money, issue an appropriate receipt.
51.4 No portion of the income or property of the
Association shall be distributed, paid or transferred directly or indirectly by
way of dividend, bonus or otherwise to the members of the Association or to
their relatives.
51.5 The Association shall not pay any
remuneration by way of salary, fees or allowances or other benefit in money or
money's worth (other than repayment of approved out-of-pocket expenses incurred
on the Association's behalf) to any member of the Committee.
51.6 Nothing in the foregoing provisions of this
Section of these Rules shall prevent the payment, in good faith, of:
(a) remuneration in return for services
actually rendered to the Association by an employee or member or for goods
supplied to the Association by the employee or member in the ordinary course of
business;
(b) interest at a rate not exceeding the
Commonwealth Savings Bond rate on moneys lent to the Association by a member (but not an employee); or
(c) a reasonable and proper sum by way of
rent for the premises let to the Association by an employee or member.
51.7 Any property of the Association shall be
available for use by members and non-members
of the Association at the discretion of the Committee. The Committee may determine such fees for
the hire of equipment as it considers appropriate from time to time.
51.8 Members and non-members of the Association
shall be personally liable for loss of or damage to any equipment which they
may borrow or hire from the Association.
52. FUNDS
MANAGEMENT
52.1 Subject to
these Rules and any resolution passed by the Association in General Meeting,
the income and property of the Association, however derived, shall be used and
applied solely to the promotion of the purposes and objectives of the
Association in such a manner as the Committee determines.
52.2 All cheques,
drafts, bills of exchange, promissory notes and other negotiable instruments
shall be signed by any two (2) of four (4) signatories who are members of the
Committee of the Association, being members of the Committee authorised to do
so by the Committee, provided that none of the signatories are members of the
same family.
53. ACCOUNTING
RECORDS
53.1 Accounts
shall be kept by the Treasurer of:
(a) all sums of money received and expended
by the Association and the purpose of such transactions; and
(b) the assets and liabilities of the
Association.
53.2 Subject to direction from the Committee,
the Treasurer shall ensure that all financially related records, accounting
books, and records of receipts and expenditure connected with the operations of
the Association shall be kept in such form and manner as will permit:
(a) the
preparation of true and accurate accounts of the Association; and
(b) the
convenient and proper auditing of the Association’s accounts.
53.3 The Treasurer shall provide reports to the
Committee or Association members at each Monthly General Meeting or at no less
than two (2) monthly intervals.
54.
BANKING AND FINANCE
54.1 The Treasurer shall, on behalf of the
Association, be responsible for all moneys received by the Association and the
issue of official receipts.
54.2 The Committee shall authorise the opening
of accounts in the name of the Association with such financial institutions as
it deems appropriate.
54.3 All moneys received by the Association
shall be paid by the Treasurer, or a delegate, into the appropriate Association
accounts as soon as possible after receipt thereof.
54.4 Any expenditure incurred on behalf of the
Association must have prior approval by a majority of the Committee before
reimbursement can be claimed through the Treasurer. Liability for unapproved transactions will rest with the
individuals who made the transaction and not the Association.
54.5 No payment shall be made from an Association’s
accounts otherwise than by cheque drawn on that account, except with the
approval of the Committee.
54.6 Subject to such provisions as the Committee
may deem appropriate, the Treasurer and Secretary may be provided with sums of
money to meet day-today expenditures.
54.7 No cheque shall be drawn on the
Association's account s except for the payment of expenditure that has been
authorised by the Committee.
55. ALTERATION
OF PURPOSES, OBJECTIVES AND RULES
55.1 Neither the
Purposes and the Objectives of the Association referred to in Sections 3 and 4
respectively of these Rules and in Section 29 of the Act nor these Rules shall be
altered or rescinded except by Special
Resolution in accordance with Sections 30 and 33 respectively of the Act.
56. COMMON SEAL
56.1 The
Committee shall provide for a Common Seal which shall be kept in safe custody
by the Secretary of the Association.
56.2 The Common
Seal shall not be affixed to any instrument except by the authority of the
Committee and the affixing of the Common Seal shall be attested by the
signatures of any two (2) members of the Committee authorised to do so.
56.3 The Secretary shall maintain a register of
the occasions on which the Common Seal is
used, and shall present the register to members at the Annual General Meeting.
57. CUSTODY OF
BOOKS
57.1 Subject to
the provisions of the Act, the Regulations and these Rules, the Secretary shall
keep in his or her control all records and other documents relating to the
Association except the Association's
financial accounts and accounting records which shall be kept by the Treasurer.
57.2 Subject to
the provisions of the Act and its Regulations, no books or records of the
Association shall be destroyed without the express approval of the Committee.
57.3 The accounting records shall be kept at
such place or places as the Committee shall from time to time determine.
58. INSPECTION OF BOOKS
58.1 Subject to any reasonable restrictions as
to time and manner of inspection that may, for the time being, be imposed by
the Association, the records, books and other documents of the Association
shall be open to inspection at Association meetings or at a place in the
Territory, free of charge, by any member of the Association.
59.
AUDITOR
59.1 Each Annual General Meeting of the
Association shall by resolution appoint an auditor who is registered as an
auditor pursuant to the Corporations Law and who is not a member or employee of
the Association, a partner, employer or employee of an officer of the
Association or a partner or employee of an employee of an officer of the
Association.
59.2 A person so appointed shall hold office
until the next Annual General Meeting following that appointment when he/she
may be re-appointed.
59.3 If an appointment is not made at an Annual
General Meeting, the Committee shall appoint an auditor of the Association for
the period up to the next Annual General Meeting.
59.4 If a casual vacancy occurs in the office of
auditor, the Committee shall fill the vacancy until the next succeeding Annual
General Meeting.
59.5 The
office of auditor shall become vacant if the person holding office:
(a) dies:
(b) becomes bankrupt or applies to take
advantage of any laws relating to bankrupt or insolvent debtors or
compounds with his/her creditors;
(c) resigns by notification in writing in a
letter addressed to the Secretary;
(d) ceases to be resident in the Australian
Capital Territory; or
(e) is removed by a resolution of the
Committee.
59.6 If the office of the auditor becomes
vacant, the Committee shall notify the membership within twenty-eight (28) days
of the vacancy occurring. The Committee
shall also notify the membership of any successful appointment to the position
of Auditor within twenty-eight (28) days of that appointment.
60. AUDIT OF
THE ACCOUNTS
60.1 The Treasurer of the Association shall
cause to be delivered to the Auditor the accounts, books, accounting records,
records, vouchers, computer files and documents of the Association as soon as
possible after the end of the financial year.
60.2 The Auditor shall certify as to the
correctness of the accounts and balance sheet of the Association and shall make
a report thereon available at the Annual General Meeting.
60.3 In this report, and in certifying the
accounts, the Auditor shall state whether:
(a) he/she has obtained the information
required to perform the audit;
(b) the accounts, in the auditor's opinion,
are properly drawn up so as to reflect a true and accurate record of the
financial position of the Association according to the information at his/her
disposal and the explanations provided and as shown by the books of the
Association; and
(c) the rules relating to the administration
of the funds of the Association have been observed.
60.4 The Auditor:
(a) has a right of access to the accounts,
books, records, vouchers, computer files and documents of the Association;
(b) may require from the Committee of the
Association such information and explanations as may be necessary for the
performance of his or her duties as auditor;
(c) may engage persons to assist him or her
in investigating the accounts of the Association; and
(d) may, in relation to the accounts of the
Association, examine any member of the Committee or any employee of the
Association .
61. SERVICE OF NOTICES
61.1 For the
purpose of these Rules, a notice may be served by or on behalf of the
Association upon any member at the member's address shown in the Register of
Members.
61.2 Where a
document is sent to a person by properly addressing, prepaying and posting to
the person a letter containing the document, the document shall, unless the
contrary is proved, be deemed for the purposes of these Rules to have been
served on the person at the time at which the letter would have been delivered in
the ordinary course of post.
62. DISSOLUTION OR WINDING UP OF THE ASSOCIATION
62.1 Pursuant to
Section 88 of the Act, the voluntary winding up of the Association shall be
decided upon only by a special
resolution passed at a General Meeting of the Association convened for this
purpose.
63. SURPLUS
PROPERTY
63.1 At the
special General Meeting convened for purpose of winding up the Association, the
Association shall pass a special
resolution nominating the transfer of any surplus property, after the
satisfaction of the Association's debts and liabilities:
(a) to an association, as provided for under
Sections 92(1)(a) and 92(2) of the Act, within the Australian Capital Territory
which has purposes and objectives substantially the same as the purposes and
objectives of the Association and which is not carried on for the purpose of
trading or securing pecuniary gain for its members; or
(b) to a fund, authority or institution as
provided for under Section 92(1)(b) of the Act.
APPENDIX
1
APPLICATION FOR
MEMBERSHIP OF THE
ACT BROOMBALL
ASSOCIATION INCORPORATED
(incorporated under the Associations
Incorporation Act 1991)
PLEASE PRINT
I,
..........................................................................................................................................................................................................................
(full name of applicant)
of ..........................................................................................................................................................................................................................
(address)
........................................................................................................................................................ hereby apply to become a member of
(occupation)
the above named incorporated
association. In the event of my
admission as a member, I agree to be bound by the rules of the association for
the time being in force.
..............................................................................
(Signature of Applicant)
Date
......................................................
[PHONE:
..................................................(Work)
.................................................(Home)]
I,
..........................................................................................................................................................................................................................
(full name)
a member of the association,
nominate the applicant, for membership of the association.
..............................................................................
(Signature of Proposer)
Date
.....................................................
I,
..........................................................................................................................................................................................................................
(full name)
a member of the association,
second the nomination of the applicant, for membership of the association.
..............................................................................
(Signature of seconder)
Date:
....................................................
APPENDIX
2
FORM OF APPOINTMENT OF PROXY
ACT BROOMBALL
ASSOCIATION INCORPORATED
PLEASE
PRINT
I,
..........................................................................................................................................................................................................................
(full name)
of ..........................................................................................................................................................................................................................
(address)
being a member
of the ACT BROOMBALL ASSOCIATION
INCORPORATED
hereby
appoint
........................................................................................................................................................................................................
(full name of proxy)
of
..........................................................................................................................................................................................................................
(address of proxy)
being a member
of that incorporated association, as my proxy to vote for me on my behalf at
the meeting of the association (annual general meeting, other general meeting
or board meeting as the case may be) to be held on the
........................................................
day of .........................................................
19.............., and at any adjournment of that meeting.
*My proxy is authorised to
vote in favour of/against (delete as appropriate) the resolution (insert
details)
...........................................................................................
(Signature
of member appointing proxy)
Date:
..................................................................................
(*To be inserted
if desired)
NOTE:
a proxy vote may NOT be given to a person who is not a member of the
association.
APPENDIX
3
SECTIONS OF THE
ASSOCIATIONS INCORPORATION ACT 1991
RELEVANT TO THE ASSOCIATION'S RULES
Section 31.(2) of the Act - Rules
31.(2) Where the model rules make
provision in relation to any matter not provided for in the rules of an
incorporated association, the rules of the association shall be taken to
include the provision of the model rules in relation to that matter.
I. Public Officer (Sub-rules 2.1(i) and Rule 26 of the
Association's Rules)
Section 57 of
the Act - Public Officer
57.(1) An incorporated association shall have a public
officer.
(2) A person is not
eligible to be the public officer of an incorporated association unless the
person resides in the Territory and is
at least 18 years of age.
(3) The public
officer of an incorporated association may, unless the rules of the association
otherwise provide, hold any office of the association in addition to the office
of public officer.
(4) An act of the
public officer of an incorporated association shall not be taken to be invalid
only because -
(a) there is a defect in the public
officer's appointment;
(b) the public officer was not eligible to
be the public officer by virtue of subsection (2); and
(c) the office of public officer was, at the
time of the act, to be taken to be vacant pursuant to subsection 64(2)(See
below).
Section 59 of
the Act - Notice of Public Officers Appointment or Change of Address
59.(1) A person who is appointed to be the public officer
(other than the inaugural public officer) of an incorporated association shall,
not later than 1 month after being appointed, lodge with the Registrar a notice
of the appointment in the approved form.
(2) If the public
officer of an incorporated association changes his or her address, the public
officer shall, within one month after the change, lodge with the Registrar a
notice in the approved form.
Penalty:
$100.
Section 64 of the Act -
Vacancy in Office of Public Officer
64.(1) An incorporated association may, by resolution, remove
its public officer from office.
(2) The office of
public officer of an incorporated association shall be taken to be vacant if
the public officer -
(a) is removed from office pursuant to
subsection (1);
(b) resigns from office;
(c) dies;
(d) becomes insolvent under administration
within the meaning of the Corporations law;
(e) suffers from mental or physical
incapacity;
(f) was convicted or released from
imprisonment in respect of an offence referred to in subsection 63(1) (See
VI below) within the period of 5 years immediately preceding his or her
appointment as public officer, or is convicted of such an offence after taking
office; or
(g) ceases to reside in the Territory.
(3) Where
a vacancy occurs in the office of public officer of an incorporated
association, the committee of the association shall, within 14 days after the
vacancy occurred appoint a person to fill the vacancy.
(4) If
the committee without reasonable cause does not comply with subsection (3),
each member of the committee is guilty of an offence punishable, on conviction,
by a fine not exceeding $200.
II. Special Resolution (Sub-Rules 2.1(m), 36.2 and 36.3 of the
Association's Rules)
Section 70 of
the Act - Special Resolutions
70. A resolution of an incorporated
association shall be taken to be a special resolution if
(a) it is passed at a general meeting of the
association, being a meeting of which at least 21 days notice, accompanied by
notice of intention to propose the resolution as a special resolution, has been
given to the members of the association; and
(b) it is passed by at least three-quarters
of those members of the association who, being entitled to vote, vote in person
or, where the rules of the association permit voting by proxy, vote by proxy at
the meeting.
III. Membership Qualifications (Sub-Rule 8.2(b) of the Association’s Rules)
Section 21 of
the Act - Constitution of incorporated associations.
21.(1) An incorporated association shall, subject to this Act
and the rules of the association, be taken to be constituted, under the name
specified in the certificate of incorporation issued in respect of the
association, by the persons who are its members from time to time.
(2) For the purposes
of subsection (1), persons who were, immediately before the date on which an
association was incorporated -
(a) in the case of an association in respect
of which the certificate was issued pursuant to section 19 - members of the
association, or members of the group proposing to form the association, as the
case requires; or
(b) in the case of an association
incorporated pursuant to section 27 - the members of the
associations that amalgamated pursuant to that section; shall be taken to have
been members of the association at the time the association was incorporated.
IV. Liabilities of Officers and Members (Sub-Rule 15.1 of the Association's
Rules)
Section 51 of
the Act - Liability of officers and members
51. An officer or member of an
incorporated association shall not, except as otherwise provided by this Act or
the rules of the association, be taken, only because of being a member or
officer, to be liable to contribute to the payment of any debts or other
liabilities incurred by the association, or
to the costs or expenses incurred in the course of winding up the association.
Section 108 of
the Act - Offences by officers of association's, etc
108.(1) A
member of the committee of an incorporated association who knowingly fails to
take all reasonable steps to ensure that the association has complied or is
complying with this Act or with a condition imposed on the association pursuant
to this Act is guilty of an offence punishable, on conviction, by a fine not
exceeding $500.
108.(2) An
officer of an incorporated association, or an incorporated association, who or
that contravenes a condition imposed on the association pursuant to this Act by
the Registrar or the Minister is guilty of an offence punishable, on
conviction, by a fine not exceeding $1,000.
108.(3) Proceedings
for an offence under this section may be instituted against an officer of an
incorporated association, and the officer may be convicted of the offence,
whether or not proceedings in relation to the offence have been instituted
against the association or the association has been convicted of a offence
related to the first-mentioned offence.
108.(4) Nothing
in this section shall be taken to affect the liability of an incorporated
association in respect of an offence committed by the association against this
Act.
Section 109 of
the Act - Offence : trade or pecuniary gain
109.(1) An incorporated association shall not, as trustee or otherwise,
trade or secure pecuniary gain for its members.
Penalty:
$2,000
(2) Subsection
(1) does not apply to an association incorporated pursuant to a declaration
under subsection 15.(1).
Section 110 of
the Act - Liability of members
110. Where,
pursuant to subsection 108(1) (See above), a member or members of
the committee of an incorporated association is or are guilty of an offence in
respect of a failure of the association to comply with section 109 (See
above), the member or members is or are respectively liable, or jointly
and severally liable, for any debt or liability incurred by the association
because of the commission of the offence.
V. Vacation of Committee Membership and
Disciplining of Members (Sub-Rules 16.4, 18.3,
26.4(e), 27.1(d) and 28.1 of the Association's Rules)
Section 50 of
the Act - Rules of natural justice.
50. Where an incorporated
association exercises any power that it has to adjudicate upon a dispute
between its members, or between itself and a member or members, in relation to
the rights conferred upon the members by the rules of the association, any
decision made by the association shall not be taken to be valid unless, in any
proceedings in relation to the dispute, the rules of natural justice have been
complied with.
VI. Vacancies on the Committee (Sub-Rules 26.4(h) and 27.1(g) of the Association’s Rules)
Section 63 of
the Act - Disqualification from office
63.(1) A person who has been convicted, whether in or outside
the Territory, of -
(a) an indictable offence in relation to the
promotion, formation or management of a body corporate; or
(b) an offence involving fraud or dishonesty
punishable by imprisonment for a period of 3 months or more;
shall not,
within the period of 5 years after the person was convicted or released from
imprisonment in respect of the offence, whichever is later, without leave of
the Supreme Court, accept an appointment or act as the public officer or member
of the committee of an incorporated association.
Penalty:
$5,000 or imprisonment for 6 months, or both.
VII. Disclosure of Committee
Member's Interests in Contracts, etc (Rule 32 of the
Associations Rules)
Section 65 of
the Act - Disclosure of committee member's interests
65.(1) Where
a member of the committee of an incorporated association has any direct or
indirect pecuniary interest in a contract or proposed contract to which the
association is or may be a party, the committee member shall -
(a) as soon as the interest becomes apparent
to him or her - disclose the nature and
extent of the interest to the committee; and
(b) disclose the nature and extent of the
interest at the next general meeting of the association.
Penalty:
$2,000
(2) A member of the committee of an
incorporated association who has an interest in a contract or proposed contract
referred to in subsection (1) shall not take part in making any decision with
respect to the contract or proposed contract, but may, subject to this section
and section 66, participate in any
deliberations of the committee with respect to the contract or proposed
contract.
Penalty:
$2,000
VIII. Holding of Annual General
Meetings (Sub-Rule 33.3 of Association’s Rules)
Section 120 of
the Act - Extensions of time for applications, etc.
120.(1) The Registrar may, on written application of an
incorporated association, an officer of an incorporated association or a person
authorised for the purposes of this section by an association or a group of
persons proposing to form an association, extend a period of time prescribed by
this Act or regulations, whether or not the application is made before the
period has expired.
(2) The Registrar may
make the extension of a period pursuant to subsection (1) subject to any
conditions the Registrar thinks fit and may, by written notice to the
association, vary or revoke the extension.
IX.
Calling of and
Business at Annual General Meetings (Sub-Rule 34.2(d) of the
Association's Rules)
Section 73 of the Act - Presentation of
statement to members
73.(1) At each annual general meeting of
an incorporated association the following documents shall be presented by the
Committee for the consideration of the meeting:
(a) the audited statement of the
association's accounts in respect of the most recently ended financial year of
the association;
(b) a copy of the auditor's report to the
association in relation to the association's account for that financial year;
(c) a report signed by 2 members of the
committee stating -
(i) the name of each member of the
committee of the association during the most recently ended financial year of
the association and, if different, at the date of the report;
(ii) the principle activities of the
association during the most recently ended financial year and any significant
change in the nature of those activities that occurred during the financial
year; and
(iii) the net profit or loss of the association
for the most recently ended financial year.
(2) The committee of
an association prescribed for the purposes of section 76 shall ensure that the
prescribed number of copies of the documents referred to in paragraphs
(1)(a) and (b) are available for perusal by members of the association
immediately before and during the annual general meeting.
Penalty:
$2,000.
X. Income and Property (Rules 51.1 of the
Association's Rules)
Section 114 of
the Act - Investment with associations
114.(1) An incorporated association shall not, without written
approval of the Registrar, invite a person other than a member or applicant for
membership of the association to invest money with the association nor receive
money from such a person for investment with the association.
Penalty:
$5,000.
(2) If an
incorporated association receives money from a person in contravention of
subsection (1) -
(a) the transaction shall be taken to be
void; and
(b) the money, any interest on the money
paid or payable to the association, and any profit derived from use of the money
by the association, is recoverable by the person from the association as a debt
due to the person.
(3) An
incorporated association may, subject to the rules, invite a member or
applicant for membership of the association to deposit money with or lend money
to the association, and may receive money from a member or applicant for
membership.
(4) The
Registrar may grant an incorporated association approval to invite a person
referred to in subsection (1) to invest money with the association and approval
to receive money from such a person for investment, and may make the grant
subject to such conditions as the Registrar thinks fit.
(5) An
association that does not comply with the conditions specified in a grant of
approval given to the association pursuant to subsection (4) is guilty of an
offence punishable, on conviction, by a fine not exceeding $5,000.
XI. Alteration of Purposes, Objectives and Rules
(Rule 55.1 of the Association’s Rules)
Section 29 of
the Act - Objects
29. The
objects of an incorporated association are the objects appearing in the
statement of the association’s objects lodged with the Registrar pursuant to
subparagraph
18 (1)(b)(i) or 26 (2)(b)(i)7, as the case requires,
being those objects as altered from time to time in accordance with section 30 (See
below).
Section 30 of
the Act - Alteration of objects
30.(1) An incorporated association may, by special resolution
, alter its objects.
(2) An
incorporated association shall, not later than 1 month after a special
resolution to alter the objects of the association has been passed by the
association, lodge with the Registrar a notice in the approved form setting out
the particulars of the alteration.
Penalty:
$200.
(3) A resolution to
alter the objects of an incorporated is of no effect until the notice has been lodged.
Section 33 of
the Act - Alteration of rules
33.(1) Subject
to this Act, an incorporated association may, by special resolution, alter its
rules in whole or in part and may, in particular -
(a) adopt as
its rules the model rules as in force from time to time instead of rules other
than the model rules adopted pursuant to subparagraph 16 (c)(ii), paragraph 26 (1)(b) or paragraph (b); or
(b) adopt as
its rules other rules that comply with section 32 instead of the model rules
adopted pursuant to subparagraph 16 (c)(i), paragraph 26 (1)(b)9 or paragraph (a).
(2) Where
an incorporated association has resolved to alter its rules, the association
shall, not later than 1 month after the resolution was passed, lodge with the
Registrar a notice in the approved form setting out the particulars of the
alteration, and including a declaration by at least 2 members of the committee of
the association to the effect that a special resolution referred to in
subsection (1) was duly passed by the association.
Penalty:
$200.
(3) Where
a notice relating to the alteration of the rules of an association has been
lodged pursuant to subsection (2), the Registrar may give notice to the
association that it is required to lodge a copy of its rules with the Registrar.
(4) When
an incorporated association has been given notice by the Registrar pursuant to
subsection (3), the association shall, not later than 1 month after the date of
the notice, lodge with the Registrar a printed copy, in consolidated form of
the association's rules as altered and in force at that date.
Penalty:
$200.
(5) A
resolution to alter the rules of an incorporated association is of no effect
until a notice been lodged by the association pursuant to subsection (2).
XII. Dissolution of the Association (Rule 62.1 of
the Association's Rules)
Section 88 of
the Act - Voluntary winding up
88. An incorporated association may
be wound up voluntarily if the association has, by special resolution, resolved
that it be wound up.
XIII. Surplus Property (Rule 63.1 of the
Association's Rules)
Section 92 of
the Act - Property of defunct association
92.(1) On the dissolution or the completion of the winding up
of an incorporated association, any surplus property of the association shall,
subject to any trust affecting the property or part of it, be taken to -
(a) vest in another association (whether or
not the other association is incorporated), being an association that complies
with subsection (2) and that
(i) has been nominated for the purposes of
this paragraph in the rules of the former association; or
(ii) if no association is nominated in those
rules - has been nominated by special resolution of the former association;
(b) vest in a fund, authority or institution
in Australia specified in paragraph 78(1)(a) of the Income Tax Assessment Act
1936 of the Commonwealth that
(i) has been nominated for the purpose of
this paragraph in the rules of the former association; or
(ii) if no such fund, authority or
institution in Australia is nominated in those rules - has been nominated by
special resolution of the former association; or
(c) where no association, fund, authority or
institution has been nominated in accordance with paragraph (a) or (b), as the
case requires - vest in the Registrar.
(2) For the purpose
of paragraph (1)(a), an association shall be taken to comply with this
subsection if it -
(a) has objects substantially the same as
the objects of the former association;
(b) is not carried on for the object of
trading or securing pecuniary gain for its members; and
(c) has provision in its rules requiring
that any surplus property of the association to be passed, on the dissolution
or winding up of the association, to another association that
(i) has objects substantially the same as
the first-mentioned Association; and
(ii) is not carried on for the object of
trading or securing pecuniary gain for its
members.
(3) Where, for the
purpose of subsection (1), a former association has nominated another
association or a fund, authority or institution, as the case requires, by
special resolution, the former association shall lodge with the Registrar a
notice in writing, signed by at least 2 members of the committee of the former
association, certifying that the special resolution was duly passed.
Penalty: $200
(4) A person
aggrieved by the operation of subsection (1) in relation to the surplus
property of the former association may apply to the Supreme Court for an order
in respect of the property.
(5) Where, in
accordance with subsection (1), land or an interest in land (being land in the
Territory) vested in an incorporated association is taken to vest in another
association, in a fund, authority or institution or in the Registrar, as the
case requires, the Registrar of Titles, on the production of a statement by the
Registrar certifying to the effect that the incorporated association has been
wound up and that the land or interest is vested, in accordance with subsection
(1), in another association, in a fund, authority or institution or in the
Registrar, as the case requires, shall endorse the relevant certificate of
title in the Register Book kept pursuant to the Real Property Act 1925 to
that effect.
(6) In this section -
"surplus
property" means any property or interest in property of a former
association that remains after the satisfaction of any debts or liabilities of
the former association and any costs, charges or expenses incurred in the
winding up of the former association.